Loading...
PC 2009/06/22City of Anaheim Planning Commission Agenda Monday,June 22, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Joseph Karaki Chairman Pro-Tempore: Panky Romero Commissioners: Peter Agarwal, Kelly Buffa,Gail Eastman, Stephen Faessel,Victoria Ramirez Call To Order: 2:30 p.m. Pledge Of Allegiance Appreciation Plaque Presented to Commissioner Eastman Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtainedat the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available onthe City of Anaheim website www.anaheim.net/planningon Thursday, June 18, 2009, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection inthe Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: H:\TOOLS\PC Admin\PC Agendas\(062209).doc Anaheim Planning Commission Agenda -2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff,or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. ITEM NO. 1A–May 27, 2009 Meeting Minutes Motion Receiving and approving the Minutes from the Planning Commission Meeting of May 27, 2009.These minutes have been provided to the Planning Commission and are available for review at the Planning Department. 06/22/09 Page 2of 8 Public Hearing Items: ITEM NO. 2 AMENDMENT TO CONDITIONAL USE PERMIT NO. 1322 Staff Report (TRACKING NO. CUP2008-05356), AMENDMENT TO CONDITIONAL USE PERMIT NO. 4014New Correspondence (TRACKING NO. CUP2009-05428) AND VARIANCE NO. 2009-04776 Owners: Sidney Bickel 5585 Via Dicha#B Laguna Hills, CA 92653 First Southern Baptist Church 1275 East Broadway Anaheim, CA 92805 Applicant: Phil Schwartze PRS Group 31872 SanJuanCreekCircle SanJuanCapistrano,CA92675 Location:633 South East Street (Quartz Dealer Direct) 1275 East Broadway (First Southern Baptist Church) The applicant proposes toreinstate a previously-approved ProjectPlanner: Ted White conditional use permit for Quartz Dealer Direct, an twhite@anaheim.net automotive wholesale and retailauction facility with fewer parking spaces than required by Code, and delete a condition of approval which sets an expiration date for the permit; and,amend a previously-approved conditional use permit for the First Southern Baptist Church and private school to permit satellite parking for the Quartz Dealer Direct business with fewer parking spaces than required by Code. Environmental Determination: A Negative Declaration has been determined to serve as the appropriate environmental documentation for this requestin accordance with the provisions of the California Environmental Quality Act (CEQA). This item was continued from the May 27, 2009 Planning Commission meeting. 06/22/09 Page 3of 8 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2009-05406Staff Report Owner:New Correspondence Robert Smith Smith Properties 3500 East La Palma Avenue Anaheim, CA 92806 Applicant: Phillip Schwartze PRS Group 31872 San Juan Creek Circle San Juan Capistrano, CA 92675 Location:1011 North Grove Street The applicant proposes to operate a towing and impound Project Planner: David See yard in conjunction with automobile repair and outdoor and dsee@anaheim.net indoorvehicular storage on a property developed with a warehouse building. Environmental Determination: The proposed action is categorically exempt from the requirement to prepare environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1(Existing Facilities). ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2009-05410 Staff Report Owner: Kazem KhoylooNew Correspondence BP West Coast Products P.O. Box 5015 Buena Park, CA 90622 Applicant: Fiedler Group Ericka Skeie rd 2322 West 3Street Los Angeles, CA 90057 Location:2445 East Ball Road The applicant proposesto establish a convenience market Project Planner: Della Herrick in conjunction with an existing service station. dherrick@anaheim.net Environmental Determination: The proposed action is categorically exempt from the requirement to prepare environmental documentationper California Environmental Quality Act (CEQA) Guidelines,Class 1 (Existing Facilities). 06/22/09 Page 4of 8 ITEMNO. 5 AMENDMENT TO CONDITIONAL USE PERMIT NO. 1215Staff Report (TRACKING NO. CUP2009-05423) New Correspondence Owner/ Michael Carlston Applicant: Kenney Golf Enterprises, Inc. 3200 East Carpenter Avenue Anaheim, CA 92806 Location:3200 East CarpenterAvenue The applicant proposesto operate a day care center in Project Planner: Elaine Thienprasiddhi conjunction with an existing entertainment facility(Camelot ethien@anaheim.net Golfland). Environmental Determination: The proposed action is categorically exempt from the requirement to prepare environmental documentation per California Environmental Quality Act (CEQA) Guidelines,Class 1 (Existing Facilities). 06/22/09 Page 5of 8 ITEM NO. 6 ZONING CODE AMENDMENTNO.2009-00079 Staff Report Applicant: Planning DepartmentNew Correspondence City of Anaheim Request for Continuance 200 South Anaheim Boulevard to July 8, 2009 Anaheim, CA 92805 Location:Citywide This is a proposal to amendvarious chapters of Title 18 Project Planner: Vanessa Norwood of the Anaheim Municipal Codepertaining to Zoning vnorwood@anaheim.net Administrator authority, drought tolerant landscaping provisions, freestanding sign provisions within the Scenic Corridor (SC) Overlay Zone; creation of an off-site parking arrangement process; and, approval, appeal, withdrawal, modification and revocation procedures/timeframes for various zoning actions. The chapters proposed to be amended include: Chapter 1.12 (Procedures); Chapter 14.60 (Transportation Demand); Chapter 17.08 (Subdivisions); Chapter 18.18 (Scenic Corridor (SC) Overlay Zone); Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone); Chapter 18.30 (Downtown Mixed Use Overlay Zone); Chapter 18.36 (Types of Uses); Chapter 18.38 (Supplemental Use Regulations); Chapter 18.42 (Parking and Loading); Chapter 18.44 (Signs); Chapter 18.46 (Landscaping and Screening); Chapter 18.52 (Density Bonuses); Chapter 18.56 (Nonconformities); Chapter 18.60 (Procedures); Chapter 18.62 (Administrative Reviews); Chapter 18.64 (Area Development Plans); Chapter 18.66 (Conditional Use Permits); Chapter 18.74 (Variances);Chapter 18.114(Disneyland Resort Specific Plan No.92-1); Chapter 18.116(Anaheim Resort Specific Plan No.92-2); Chapter 18.118(Hotel Circle Specific Plan No.93-1); and Chapter 18.120(Northeast Area Specific Plan No. 94-1). Environmental Determination: The proposed action is categorically exempt from the requirement to prepare environmental documentation per Section 21080 of the Public Resources Code. Adjourn toWednesday,July8, 2009at 2:30 p.m. 06/22/09 Page 6of 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:00 p.m.June 17, 2009_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE ANDCOUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheimdecisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department’s Automated Telephone System at (714) 765-5139. 06/22/09 Page 7of 8 S C H E D U L E 2009 July 8 (Wed) July 20 August 3 August 17 August 31 September 14 September 28 October 12 October 26 November 9 November 23 (cancelled) December 7 December 21 (cancelled) 06/22/09 Page 8of 8 ûèèûùôï÷îèîí ìûêù÷ð ó êùð  êùð   êùð  èùçì    èùçì    èùçì   èùçì    èùçì   ùçì æûê   æûê  éïûððóîøöóêï ûèèûùôï÷îèîí ìûêù÷ð êï êùð    èùçì    ùçì  ùçì ùçì  æûê  æûê   ùôçêùô û×ÊÓÛÐìÔÍÈÍ û ÌÊÓÐ    éÇÚÒ×ÙÈìÊÍÌ×ÊÈà ûÏ×ÎØÏ×ÎÈÈÍùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ìÛÊÙ×Ð ¦ éÍÇÈÔ÷ÛÉÈéÈÊ××ÈëÇÛÊÈÂø×ÛÐ×ÊøÓÊ×ÙÈ ûÏ×ÎØÏ×ÎÈÈÍùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ÛÎØ æÛÊÓÛÎÙ×îÍ   ìÛÊÙ×Ð ¦ ÷ÛÉÈúÊÍÛØÅÛÃöÓÊÉÈéÍÇÈÔ×ÊÎúÛÌÈÓÉÈùÔÇÊÙÔ   ìûêù÷ð ûèèûùôï÷îèîí ìûêù÷ð û×ÊÓÛÐìÔÍÈÍ û ÌÊÓÐ    éÇÚÒ×ÙÈìÊÍÌ×ÊÈà ûÏ×ÎØÏ×ÎÈÈÍùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ìÛÊÙ×Ð ¦ éÍÇÈÔ÷ÛÉÈéÈÊ××ÈëÇÛÊÈÂø×ÛÐ×ÊøÓÊ×ÙÈ ûÏ×ÎØÏ×ÎÈÈÍùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ÛÎØ æÛÊÓÛÎÙ×îÍ   ìÛÊÙ×Ð ¦ ÷ÛÉÈúÊÍÛØÅÛÃöÓÊÉÈéÍÇÈÔ×ÊÎúÛÌÈÓÉÈùÔÇÊÙÔ   [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2009-061 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT ANEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND REINSTATING AND APPROVING, IN PART,CONDITIONAL USE PERMIT NO. 1322(TRACKING NO. CUP2008-05356), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2007-102, ADOPTED THEREWITH(633 SOUTH EAST STREET –QUARTZ DEALER DIRECT) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to previously approved Conditional Use Permit No. 1322 to reinstate Quartz Dealer Direct, an automotive wholesale and retail auction facility with fewer parking spaces than required by Code, and delete a condition of approval which sets an expiration date for the permit on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, said Petition is in conjunction with a request for an amendment to previously-approved Conditional Use Permit No. 4014 and Variance No. 2009-04776 for First Southern Baptist Church and private school to permit satellite parking for Quartz Dealer Direct with fewer parking spaces than required by Code; and WHEREAS, on August 20, 2007, the Anaheim Planning Commission, by Resolution No. PC2007-102, approved Conditional Use Permit No. 1322 to retain an automotive auction at 633 South East Street; and WHEREAS, said Resolution No. PC2007-102includes the following condition of approval: “1.This conditional use permit shall expire on August 20, 2008.” WHEREAS, this property is currently developed with an automobile wholesale and retail auction facility, the underlying zoning is I (Industrial); the Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and this property is located within the Merged Anaheim Redevelopment Project Area; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to retainan automobile wholesale and retail auction facility with fewer parking spaces than required by Code pursuant to Code Section 18.60of the Anaheim Municipal Code; and WHEREAS, the Planning Commission didhold a public hearing at the Civic Center in the City of Anaheim on June 22,2009at 2:30 p.m.,after said item was continued from the April 30, 2009 and May 27, 2009 Planning Commission meetings,notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and -1-PC2009-061 WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the proposed reinstatement of this permit and the modification or deletion of a condition of approval pertaining to a time limitation to retain a previously-approved automotive auction facilitywith fewer parking spaces than required by Codeis properly one for which a conditional use permit is authorizedunder Code Section 18.10.030.010.0404 (Automotive–Car Sales & Rental). 2.That the request to retain the auction facility will not adversely affect the adjoining land uses and the growth and development of the area in which it is locatedbecause the operator has incorporated operational measures to ensure the patrons and employees of the facility park within designated areas only. 3.That the size and shape of the site for the automotive auction is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health and safety. 4.That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 5.That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public health and safety. 6.The facts necessary to support each and every required showing for the original approval of the entitlement exist; and WHEREAS, a CEQA Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment to Conditional Use Permit No. 1322, in part, approving the request for reinstatement but imposing a two year retroactive time limitation to expire on August 20, 2010, on the permitand amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2007-102, as described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development.Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -2-PC2009-061 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereintoset forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of thefinal invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 22, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced bya City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 22, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: nd IN WITNESS WHEREOF, I have hereunto set my hand this 22day of June, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2009-061 -4-PC2009-061 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 1322 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING GENERAL CONDITIONS –ONGOING DURING OPERATION 1This conditional use permit shall expire onAugust 20,Planning 2010. 2The hours of operation, except for off-loading of vehicles, Code Enforcement shall be limited to the following, as stipulated by the applicant: 8:30 a.m. -9:00 p.m. on Monday 9:00 a.m. -5:00 p.m. on Tuesday through Saturday Automotive auctions may be conducted on Mondays and Fridays for a maximum of three (3) hours on each day. 3The business shall comply withthe following operational Code Enforcement limitations in order to discourage patrons from parking on the nearby residential streets: A)A uniformed employee shall be stationed at the intersection of East Street and Crestbrook Place during auction hours to inform patrons they will not be allowed to enter the auction if they do not use the off-site parking lot at 1275 East Broadway. B)Each auction attendee shall be provided a map and directions to the off-site parking location in advance of the auction date. The map and directions shall be included in all promotional material generated to advertise the business. C)Admittance to the auction shall be limited to those patrons who park on-site and/or park in the off-site parking location and obtain a wristband from the shuttle bus driver documenting they parked at the off- site parking location. 4All auction vehicles shall be operable and parked in the Code Enforcement screened storage area only. 5The 10-foot wide landscaped planter area adjacent to East Code Enforcement Street shall be properly maintained with ground cover and shrubs. -5-PC2009-061 6No required parking area shall be fenced or otherwise Code Enforcement enclosed for outdoor uses other than parking. 7The property shall be permanently maintained in an Code Enforcement orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 8The chain-link fence shall be maintained and screened Code Enforcement with PVC slats. Said slats shall be maintained in good condition. 9Signage for subject facility shall be limited to the existing Planning and legally permitted signage. Any additional signage shall be subject to approval by the PlanningCommission as a Reports and Recommendations item. 10Trash storage areas shall be maintained in a location Public Works, acceptable to the Public Works Department, Streets and Streetsand Sanitation Division and in accordance with approved Sanitation plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas that are visible to the public shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines, planted on maximum 3-foot centers, or tall shrubbery. 11Auto maintenance and repair shall not be permitted, nor Code Enforcement shall there be any retail sales or display. 12There shall be no off-loading of vehicles during the hours Code Enforcement of 10 p.m. to 6 a.m. 13Off loading of vehicles shall be limited to Rose Street Code Enforcement behind (west of) the auction facility. 14On-site car washing shall be limited to washing with tap Code Enforcement water or deionized water without the use of soaps or detergents. Solvents or degreasers may be used on a spot basis, but shall be wiped off before the vehicle is rinsed. -6-PC2009-061 15The property owner shall pay the costs of Code Code Enforcement Enforcement inspections as deemed necessary by the City’s Code EnforcementDivision to maintain compliance with State and local stautues, ordinances, laws or regulations. 16Any use of loud speakers shall not be audible to the Code Enforcement residential properties. 17The applicant shall maintain an agreement recorded in the Planning Office of the Orange County Recorder with First Southern Baptist Church, located at 1275 East Broadway, for the use of up to 100 parking spaces on Mondays from 3:00 PM to 9:00 PM and Fridays from 10:00 AM to 3:00 PM or such other nearby sites. The number of parking spaces shall be in excess of that which is required by Code or as approved by a parking variance. 18The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. -7-PC2009-061 [DRAFT]ATTACHMENT NO. 3 RESOLUTION NO. PC2009-062 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT ANEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4014(TRACKING NO. CUP2009-05428) AND VARIANCE NO. 2009-04776 (1275 EAST BROADWAY –FIRST SOUTHERN BAPTIST CHURCH) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to previously approved Conditional Use Permit No. 4014and Variance No. 2009-04776for the First Southern Baptist Church and private school to permit off- siteparking to serveQuartz Dealer Direct(an automotive wholesale and retail auction facility located at 633 South East Street)with fewer parking spaces than required by Code,on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, said Petition is in conjunction with a request for an amendment to previously-approved Conditional Use Permit No. 1322for Quartz Dealer Direct, an automotive wholesale and retail auction facility with fewer parking spaces than required by Codewhich will be using the subject property for satellite parking purposes;and WHEREAS, on June 8, 1998, the Anaheim Planning Commission, by Resolution No. PC98-93, approved Conditional Use Permit No. 4014to permit a private elementary school nd (kindergarten through 2grade) with a maximum of fifty (50) students, and day carein an existing church facility; and WHEREAS, on March 15, 1999, the Anaheim Planning Commission, by Resolution No. PC99-49, approved an amendment to Conditional Use Permit No. 4014, to thnd permit kindergarten through 12grade (instead of kindergarten through 2grade) classes in the existing private school; and WHEREAS, this property is currently developed with a church and private school with day care, the underlying zoning is Multiple-Family Residential (RM-3); the Anaheim General Plan designates this property for Schoolland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onJune 22, 2009, at 2:30 p.m., after said item was continued from the April 30, 2009 and May 27, 2009 Planning Commission meetings, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed amendment to the conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: -1-PC2009-062 1.The proposed amendment of this permit to permit accessory off-siteparking to serveQuartz Dealer Directin conjunction with the existing church and private school with fewer parking spaces than required by Codeis properly one for which a conditional use permit is authorizedunder Code Section 18.06.030.010.(Community and Religious Assembly and Educational Institutions -General) and 18.06.030.020 (Accessory Uses -Parking Lots). 2.The request to permit accessory off-siteparking to serve Quartz Dealer Direct in conjunction with the existing church and private school with fewer parking spaces than required by Code will not adversely affect the adjoining land uses and the growth and development of the area in which it is locatedbecause the off-siteparking spaces will be used at times that will not conflict with the current operations of the church and existing private school. 3.The size and shape of the site for church and private school with accessory off- siteparking serving Quartz Dealer Direct allowsfull development of the use in a manner not detrimental to the particular area nor to the health and safetyof the citizens of Anaheimas this property is currently fully developed and the proposed amendment would allow for use of the existing parking lot as an accessory satellite parking area only, with no further development. WHEREAS,said Commissiondoes further find and determine that the request for a variance of the following Code sections to permit fewer parking spaces than required by code should be approved for the following reasons: SECTION NO. 18.42.040.010.0108Minimum number of parking spaces. (243spaces required[143 for the church and private school and up to 100 spaces for satellite parking for Quartz Dealer Direct];124spaces proposed). 1.The variance pertaining to the minimum number of parking spaces is hereby approved based upon the parking letter submitted by theapplicant, dated May 18,2009,the testimony provided by staff at the May 27, 2009 Planning Commission meeting indicating that the parking lot resurfacing and striping had been completed and that the striping resulted in 124 parking spaces, and staff’s determinationthat there will be adequate parking to serve the church, private school, and off-siteparking for Quartz Dealer Direct based on shared parkingand review of the peak parking periods for each use; and 2.The variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the existing and proposed uses because the site will have a surplus of approximatelysixparking spacesduring times when Quartz Dealer Direct is using the parking lot for off-siteparking purposes. The site will be able to accommodate the uses due to the varying peak hours of usewiththe church using the parking spaces primarily on weekends, the private school using a small portion of the parking spaces during the weekdays and Quartz Dealer Direct using the spaces during auction hours on Mondays and Fridays; and -2-PC2009-062 3.The variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the church because the entire peak parking demand will be served by the existing parking supply where no additional parking spaces on the immediate public streets will be needed; and 4.The variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the churchbecause the entire peak parking demand will be served by the existingparking supply where no additional parking spaces on adjacent private property in the immediate vicinity will be needed; and 5.The variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use because the anticipated peak parking demand of 118spaces is not expected to exceed the volume of traffic that the parking supply of 124spaces would generate; and 6.The variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the anticipated peak parking demand of 118spaces during times when the accessory off-siteparking is being utilized is not expected tocreate conditions that would impede vehicular ingress to or egress from adjacent properties or exceed that which would be created by the conditions anticipated by the parking supply of 124spaces; and WHEREAS, a CEQA Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment to Conditional Use Permit No. 4014and amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC98-83, as amended by Planning Commission Resolution No. PC99-49,as described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim.Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -3-PC2009-062 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereintoset forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 27, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held onJune 22, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 22day of June, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2009-062 -5-PC2009-062 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 4014 VARIANCE NO. 2009-04776 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING WITHIN SIXTY (60) DAYS FOLLOWING APPROVAL OF THE PERMIT 1The parking lot shall be properly maintained with a Planning minimum of 124parking spaces. GENERAL CONDITIONS –ONGOING DURING OPERATION 2The maximum number of students shall be limited to fifty Planning (50). 3At no time shall the parking lot be used for the storage of Code Enforcement auction vehicles. 4The parking lot may be used for off-siteparking by Code Enforcement Quartz Dealer Direct for up to 100 auction attendee vehicles during the following hours: Monday –3:00 PM to 9:00 PM Friday –10:00 AM to 3:00 PM The use of the parking lot for Quartz Dealer Directmay occur while Conditional Use Permit No. 1322 (Tracking No. CUP2008-05356) is in effect. 5A parking lot attendant shall be stationed in the parking Code Enforcement lot during all hours when the lot is being used by Quartz Dealer Direct. 6No required parking area shall be fenced or otherwise Code Enforcement enclosed for outdoor uses other than parking. 7The property, including the parking lot,shall be Code Enforcement permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty- four (24) hours from time of discovery. -6-PC2009-062 8Trash storage areas shall be maintained in a location Public Works, acceptable to the Public Works Department, Streets and Streetsand Sanitation Division and in accordance with approved Sanitation plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas that are visible to the public shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines, planted on maximum 3-foot centers, or tall shrubbery. 9That subject property shall be developed substantially in Code Enforcement accordance with plans and specification submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. -7-PC2009-062 ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê ûèèûùôï÷îèîí ìûêù÷ð ó êùð  êùð   êùð  èùçì    èùçì    èùçì   èùçì    èùçì   ùçì æûê   æûê  éïûððóîøöóêï ûèèûùôï÷îèîí ìûêù÷ð êï êùð    èùçì    ùçì  ùçì ùçì  æûê  æûê   ùôçêùô û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ  ïÛà   éÇÚÒ×ÙÈìÊÍÌ×ÊÈà ûÏ×ÎØÏ×ÎÈÈÍùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ìÛÊÙ×Ð ¦ éÍÇÈÔ÷ÛÉÈéÈÊ××ÈëÇÛÊÈÂø×ÛÐ×ÊøÓÊ×ÙÈ ûÏ×ÎØÏ×ÎÈÈÍùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ÛÎØ æÛÊÓÛÎÙ×îÍ   ìÛÊÙ×Ð ¦ ÉÈùÔÇÊÙÔ   ìûêù÷ð ûèèûùôï÷îèîí ìûêù÷ð û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ  ïÛà   éÇÚÒ×ÙÈìÊÍÌ×ÊÈà ûÏ×ÎØÏ×ÎÈÈÍùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ìÛÊÙ×Ð ¦ éÍÇÈÔ÷ÛÉÈéÈÊ××ÈëÇÛÊÈÂø×ÛÐ×ÊøÓÊ×ÙÈ ûÏ×ÎØÏ×ÎÈÈÍùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ÛÎØ æÛÊÓÛÎÙ×îÍ   ìÛÊÙ×Ð ¦ ÉÈùÔÇÊÙÔ   [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2009-061 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT ANEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND REINSTATING AND APPROVING, IN PART,CONDITIONAL USE PERMIT NO. 1322(TRACKING NO. CUP2008-05356), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2007-102, ADOPTED THEREWITH(633 SOUTH EAST STREET –QUARTZ DEALER DIRECT) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to previously approved Conditional Use Permit No. 1322 to reinstate Quartz Dealer Direct, an automotive wholesale and retail auction facility with fewer parking spaces than required by Code, and delete a condition of approval which sets an expiration date for the permit on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, said Petition is in conjunction with a request for an amendment to previously-approved Conditional Use Permit No. 4014 and Variance No. 2009-04776 for First Southern Baptist Church and private school to permit satellite parking for Quartz Dealer Direct with fewer parking spaces than required by Code; and WHEREAS, on August 20, 2007, the Anaheim Planning Commission, by Resolution No. PC2007-102, approved Conditional Use Permit No. 1322 to retain an automotive auction at 633 South East Street; and WHEREAS, said Resolution No. PC2007-102includes the following condition of approval: “1.This conditional use permit shall expire on August 20, 2008.” WHEREAS, this property is currently developed with an automotive auction, the underlying zoning is I (Industrial); the Anaheim General Plan designates this property for Low- Medium Density Residential land uses; and this property is located within the Merged Anaheim Redevelopment Project Area; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain an automobile wholesale and retail auction facility with fewer parking spaces than required by Code pursuant to Code Section 18.60of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 27,2009, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed amendmentand to investigate and make findings and recommendations in connection therewith; and -1-PC2009-061 WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the proposed reinstatement of this permit and the modification or deletion of a condition of approval pertaining to a time limitation to retain a previously-approved automotive auction facilitywith fewer parking spaces than required by Codeis properly one for which a conditional use permit is authorizedunder Code Section 18.10.030.010.0404 (Automotive–Car Sales & Rental). 2.That the request to retain the auction facility willnot adversely affect the adjoining land uses and the growth and development of the area in which it is locatedbecause the operator has incorporated operational measures to ensure the patrons and employees of the facility park within designated areas only. 3.That the size and shape of the site for the automotive auction is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health and safety. 4.That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 5.That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public health and safety. 6.The facts necessary to support each and every required showing for the original approval of the entitlement exist; and WHEREAS, a CEQA Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment to Conditional Use Permit No. 1322, in part, approving the request for reinstatement but imposing a two year retroactive time limitation to expire on August 20, 2010, on the permitand amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2007-102, as described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditionshereintoset forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -2-PC2009-061 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processingof this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 27, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City PlanningCommission held on May 27, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 27day of May, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2009-061 -4-PC2009-061 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 1322 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING GENERAL CONDITIONS –ONGOING DURING OPERATION 1This conditional use permit shall expire onAugust 20,Planning 2010. 2The hours of operation, except for off-loading of vehicles, Planning shall be limited to the following, as stipulated by the Code Enforcement applicant: 8:30 a.m. -9:00 p.m. on Monday 9:00 a.m. -5:00 p.m. on Tuesday through Saturday Automotive auctions may be conducted on Mondays and Fridays for a maximum of three (3) hours on each day. 3A uniformed employee shall be stationed at the Code Enforcement intersection of East Street and Crestbrook Place during auction hours to inform patrons of the business of the availabilityof off-site parking. 4All auction vehicles shall be operable and parked in the Code Enforcement screened storage area only. 5The 10-foot wide landscaped planter area adjacent to East Code Enforcement Street shall be properly maintained with ground coverand shrubs. 6No required parking area shall be fenced or otherwise Code Enforcement enclosed for outdoor uses other than parking. 7The property shall be permanently maintained in an Code Enforcement orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 8The chain-link fence shall be maintained and screened Code Enforcement with PVC slats. Said slats shall be maintained in good condition. 9Signage for subject facility shall be limited to the existing Planning and legally permitted signage. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. -5-PC2009-061 10Trash storage areas shall be maintained in a location Public Works, acceptable to the Public Works Department, Streets and Streetsand Sanitation Division and in accordance with approved Sanitation plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas that are visible to the public shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines, planted on maximum 3-foot centers, or tall shrubbery. 11Auto maintenance and repair shall not be permitted, nor Code Enforcement shall there be any retail sales or display. 12There shall be no off-loading of vehicles during thehours Code Enforcement of 10 p.m. to 6 a.m. 13Off loading of vehicles shall be limited to Rose Street Code Enforcement behind (west of) the auction facility. 14On-site car washing shall be limited to washing with tap Code Enforcement water or deionized water without the use of soaps or detergents. Solvents or degreasers may be used on a spot basis, but shall be wiped off before the vehicle is rinsed. 15The property owner shall pay the costs of Code Code Enforcement Enforcement inspections as deemed necessary by the City’s Community Preservation Division to maintain compliance with State and local stautues, ordinances, laws or regulations. 16Any use of loud speakers shall not be audible to the Code Enforcement residential properties. 17The applicant shall maintain an agreement recorded in the Planning Office of the Orange County Recorder with First Southern Baptist Church, located at 1275 East Broadway, for the use of up to 100 parking spaces on Mondays from 3:00 PM to 9:00 PM and Fridays from 10:00 AM to 3:00 PM or such other nearby sites. The number of parking spaces shall be in excess of that which is required by Code or as approved by a parking variance. -6-PC2009-061 [DRAFT]ATTACHMENT NO. 3 RESOLUTION NO. PC2009-062 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT ANEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4014(TRACKING NO. CUP2009-05428) AND VARIANCE NO. 2009-04776 (1275 EAST BROADWAY –FIRST SOUTHERN BAPTIST CHURCH) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to previously approved Conditional Use Permit No. 4014and Variance No. 2009-04776for the First Southern Baptist Church and private school to permit off- siteparking to serveQuartz Dealer Direct(an automotive wholesale and retail auction facility located at 633 South East Street)with fewer parking spaces than required by Code,on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, said Petition is in conjunction with a request for an amendment to previously-approved Conditional Use Permit No. 1322for Quartz Dealer Direct, an automotive wholesale and retail auction facility with fewer parking spaces than required by Codewhich will be using the subject property for satellite parking purposes;and WHEREAS, on June 8, 1998, the Anaheim Planning Commission, by Resolution No. PC98-93, approved Conditional Use Permit No. 4014to permit a private elementary school nd (kindergarten through 2grade) with a maximum of fifty (50) students, and day care in an existing church facility; and WHEREAS, on March 15, 1999, the Anaheim Planning Commission, by Resolution No. PC99-49, approved an amendment to Conditional Use Permit No. 4014, to thnd permit kindergarten through 12grade (instead of kindergarten through 2grade) classes in the existing private school; and WHEREAS, this property is currently developed with a church and private school with day care, the underlying zoning is Multiple-Family Residential (RM-3); the Anaheim General Plan designates this property for Schoolland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 27,2009, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed amendment to the conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: -1-PC2009-062 1.That the proposed amendment of this permit to permit accessory off-siteparking to serveQuartz Dealer Directin conjunction with the existing church and private school with fewer parking spaces than required by Codeis properly one for which a conditional use permit is authorizedunder Code Section 18.06.030.010.(Community and Religious Assembly and Educational Institutions -General) and 18.06.030.020 (Accessory Uses -Parking Lots). 2.That the request to permit accessory of-siteparking to serve Quartz Dealer Direct in conjunction with the existing church and private school with fewer parking spaces than required by Code will not adversely affect the adjoining land uses and the growth and development of the area in which it is locatedbecause the off-siteparking spaces will be used at times that will not conflict with the current operations of the church and existing private school. 3.That the size and shape of the site for church and private school with accessory off-siteparkingserving Quartz Dealer Direct allowsfull development of the use in a manner not detrimental to the particular area nor to the health and safetyof the citizens of Anaheimas this property is currently fully developed and the proposed amendment would allowfor use of the existing parking lot as an accessory satellite parking area only, with no further development. WHEREAS,said Commissiondoes further find and determine that the request for a variance of the following Code sections to permit fewer parking spaces than required by code should be approved for the following reasons: SECTION NO. 18.42.040.010.0108Minimum number of parking spaces. (243spaces required[143 for the church and private school and up to 100 spaces for satellite parking for QuartzDealer Direct];139spaces proposed). 1.The variance pertaining to the minimum number of parking spaces is hereby approved based upon the parking letter submitted by the applicant, dated May 18,2009, and reviewed bystaffwhich determined that there will be adequate parking to serve the church, private school, and off-siteparking for Quartz Dealer Direct based on shared parkingand review of the peak parking periods for each use; and 2.The variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the existing and proposed uses because based on the parking letter, the site will have a surplus of approximately21parking spacesduring times when Quartz Dealer Direct is using the parking lot for off-siteparking purposes. The site will be able to accommodate the uses due to the varying peak hours of usewiththe church using the parking spaces primarily on weekends, the private school using a small portion of the parking spaces during the weekdays and Quartz Dealer Direct using the spaces during auction hours on Mondays and Fridays; and 3.The variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed -2-PC2009-062 use because the entire peak parking demand will be served by the existing parking supply where no additional parking spaces on the immediate public streets will beneeded; and 4.The variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the churchbecause the entire peak parking demand will be served by the existing parking supply where no additional parking spaces on adjacent private property in the immediate vicinity will be needed; and 5.The variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use because the anticipated peak parking demand of 118spaces is not expected to exceed the volume of traffic that the parking supply of 139spaces would generate; and 6.The variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the anticipated peak parking demand of 118spaces during times when the accessory off-siteparking is being utilized is not expected to create conditions that would impede vehicular ingress to or egress from adjacent properties or exceed that which would be created by the conditions anticipated by the parking supply of 139spaces; and WHEREAS, a CEQA Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment to Conditional Use Permit No. 4014and amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC98-83, as amended by Planning Commission Resolution No. PC99-49,as described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim.Timing for compliance withconditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -3-PC2009-062 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereintoset forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 27, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commissionheld on May 27, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 27day of May, 2009. SENIOR SECRETARY, ANAHEIM CITYPLANNING COMMISSION -4-PC2009-062 -5-PC2009-062 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 4014 VARIANCE NO. 2009-04776 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING WITHIN SIXTY (60) DAYS FOLLOWING APPROVAL OF THE PERMIT 1The parking lot shall be resurfaced and restriped with a Planning minimum of 139parking spaces. The fence located along Fahrion Drive shall be removed and replaced with gates where it conflicts with driveway approaches in order to maintain vehicular circulation to and from the site. GENERAL CONDITIONS –ONGOING DURING OPERATION 2The maximum number of students shall be limited to fifty Planning (50). 3At no time shall the parking lot be used for the storage of Code Enforcement auction vehicles. 4The parking lot may be used for off-siteparking byCode Enforcement Quartz Dealer Direct for up to 100 auction attendee vehicles during the following hours: Monday –3:00 PM to 9:00 PM Friday –10:00 AM to 3:00 PM The use of the parking lot for Quartz Dealer Direct may occur while Conditional Use Permit No. 1322 (Tracking No. CUP2008-05356) is in effect. 5No required parking area shall be fenced or otherwise Code Enforcement enclosed for outdoor uses other than parking. 6The property, including the parking lot,shall be Code Enforcement permanently maintained in anorderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty- four (24) hours from time of discovery. -6-PC2009-062 7Trash storage areas shall be maintained in a location Public Works, acceptable to the Public Works Department, Streets and Streetsand Sanitation Division and in accordance with approved Sanitation plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas that are visible to the public shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines, planted on maximum 3-foot centers, or tall shrubbery. 8That subject property shall be developed substantially in Code Enforcement accordance with plans and specification submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. -7-PC2009-062 ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê ßÌÌßÝØÓÛÒÌ ÒÑò é MAY 27, 2009 [DRAFT] PLANNING COMMISSION MEETING MINUTES ITEM NO. 8 AMENDMENT TO CONDITIONAL USE PERMIT NO. 1322 Motion to continue item to (TRACKING NO. CUP2008-05356),June 22, 2009 AMENDMENT TO CONDITIONAL USE PERMIT NO. 4014 (Eastman/Faessel) (TRACKING NO. CUP2009-05428) AND VARIANCE NO. 2009-04776 VOTE: 6-0 Owners: Sidney BickelChairman Karaki and 5585 Via Dicha#BCommissioners Agarwal, Laguna Hills, CA 92653 Buffa, Eastman, Faessel and Romerovoted yes. First Southern Baptist ChurchCommissioner Ramirez 1275 East Broadwaywas absent. Anaheim, CA 92805 Applicant: Phil Schwartze PRS Group 31872 San Juan Creek Circle San Juan Capistrano,CA 92675 Location:633 South East Street (Quartz Dealer Direct) 1275 East Broadway (First Southern Baptist Church) The applicant proposes to reinstate a previously-approved Project Planner: Ted White conditional use permit for Quartz Dealer Direct, an automotive twhite@anaheim.net wholesale and retail auction facility with fewer parking spaces than required by Code, and delete a condition of approval which sets an expiration date for the permit; and, amend a previously-approved conditionaluse permit for the First Southern Baptist Church and private school to permit satellite parking for the Quartz Dealer Direct business with fewer parking spaces than required by Code. Environmental Determination: A Negative Declaration has been determined to serve as the appropriate environmental documentation for this requestin accordance with the provisions of the California Environmental Quality Act (CEQA). This item was continued from the April 13, 2009 Planning Commission meeting . Ted White, Senior Planner, provided a summary of the staff report dated May 27, 2009, along with a visual presentation. He recommended Condition No.1 of the Conditional Use Permit and Variance resolutions for the church site be changed to reflect 124 parking spaces. Commissioner Agarwal asked about staff’s recommendation on the time extension. 05/27/09 Page 22of 26 MAY 27, 2009 [DRAFT] PLANNING COMMISSION MEETING MINUTES Mr. White stated staff recommended a two year retroactive time extension to expire in 2010. CommissionerFaessel asked for clarification that staff is recommending a two year time extension. Mr. White clarified that the retroactive two year time extension would be from August 20, 2008 to August 20, 2010. Commissioner Agarwal asked how much time was approved for the last time extension. Mr. White responded the last time extension was for a one year period. Commissioner Agarwal asked if staff was recommending atwo year extension because Quartz had an agreement for off-site parking. Mr. White said that wascorrect. Chairman Pro-Tempore Romeroopened the public hearing. Phillip Schwartze, PRS Group, 31872 San Juan Creek Circle, San Juan Capistrano, representing the business owner, described the project. He said the automobile business had experienceda major change over the last year, which had affected their business. It has beenextremely slow over the last year, to the point where they havenot needed any off-site parking. They have secured a permanent location closer to the facility. Hebelievedmany issues experienced by the neighbors wouldbe eliminated. Mr. Schwartze provided the Commission with a copy of a flyer given to all the brokers, indicating the areas where they would be allowed to park. The business would provide for uniformed security guards todirect brokers to park in the appropriate locationso they couldbe shuttled back and forth to the auction. The auctions are held on Monday and Friday afternoons. Commissioners Faessel, Eastman and Buffa stated they had met with the applicant regarding the project.Chairman Karaki disclosed he had spoken to Mr. Schwartze by phone. Commissioner Agarwal asked if the parking agreement had an expiration date. Mr. Schwartze responded the parking agreement was for anindefiniteperiod. BarbaraPiembert, 1225 East Crestbrook Place,Anaheim, stated she opposed the project. She stated the following concerns about the auto auction business: customers of the business parked their cars in her neighborhood and left debris on the street and on private property; theyparked in advance of the auction and waited for long periods of time in their cars;theytest drove vehicles in the neighborhood; customers waiting for the auctions in their neighborhood could be heard discussing the auction and negotiating terms; the noise level of the auction sound system was loud and could be heard in her neighborhood. She had observed a business employee monitoring the neighborhood and talking to people about parking once in a while, but not everyday when an auction was conducted. She also stated that if customers parked in the church site and took a shuttle to the auction facility, that might besufficient. Peggy Chollete-Guibert, 1218 East Crestbrook Place,Anaheim, stated her opposition to the project. She stated the following concerns: customers of the business continue to park in her neighborhood; 05/27/09 Page 23of 26 MAY 27, 2009 [DRAFT] PLANNING COMMISSION MEETING MINUTES trucks on the auction property idled for long periods of time; and,the noise level of the auction sound system negatively impacted the neighborhood. Joanne Burdick Gottlieb, 1237 East Crestbrook Place,Anaheim,stated her opposition to the project. She stated the following concerns: the noise level of the auction sound system was high and could be heard in her neighborhood; she had not observed anyone from the auctionbusiness monitoring the parking in her neighborhood; and, she had attended previous Planning Commission meetings on this business and believed that no further time extensions should be allowed. Susanne Chavez, 1211 East Crestbook Place,Anaheim, spoke onbehalf of her father. She stated her opposition to the project and provided the following concerns: customers of the auction business continuedto park in front of their homes; the customers who parkedin the neighborhood leftdebris on the front lawns and in the street; and,the use has creatednegative impacts on the neighborhood andis inappropriatebecause children play in the neighborhood. Leslie Anderson, 1209 East CrestbrookPlace,Anaheim,stated his opposition to the project. He stated the following concerns: this business has been negatively impacting the neighborhood for ten years; he had attended previous Commission meetingsand submitted a number of complaints to Code Enforcement; and, he hadwritten at least a dozen e-mail messages informing Code Enforcement staff that cars were parked in front of his residence. Mr. Schwartze responded to the concerns with the following information: the auction business does not allow test driving of vehicles; auction business is conducted inside the building and the speakers are in the building; and,off-site parking would be provided for the brokers on the church site. Mr. Anderson stated that off-site parking lots had previously been provided for this business; however, there were still issues becausebrokers continued to park in their neighborhood. He believed people would continue to keep parking in the neighborhood because it was convenient. Chairman Karaki closed the public hearing. Commissioner Eastman agreed that there was a problem and it needed to be fixed. She stated one suggestion might be to restrict entrance to the auction to only those who parked in the off-site lot and were transported to the site by a shuttle. She suggested that the applicant work on a solution that would guarantee no parking in the neighborhood. Commissioner Agarwal stated that he had some experience with this facilityand that these issues have been an ongoing concern. He believed the business should relocate. He believed the neighbors should not have to clean upthe debris left in their neighborhood by the customers of the auction business.He could not support another time extension, unless it would be for one year in order to allow the business time to relocate. Chairman Karaki suggested this item be continued to allow time for the applicant to provide a solution to prevent customersof the auction facility from parking in the neighborhood streets. Commissioner Agarwal concurred with this suggestion. He also wanted the applicant to address pollution issuesassociated with the cars on the auction facility site, specifically from engines constantly being turned on and cars idling. 05/27/09 Page 24of 26 MAY 27, 2009 [DRAFT] PLANNING COMMISSION MEETING MINUTES Commissioner Buffastated she believed Commissioner Eastman’s suggestionwould address the parking issue by preventing customers from entering the auction facility unless they came to the site by a shuttle. She also concurred with Commissioner Agarwal’s comments that every time this project has come before the Commission for a time extension, they have heard the same testimony about the impacts on the neighborhood. Chairman Karaki stated that he did not want to suggest a solution and believed that it was up to the applicant to come up with a solution. Commissioner Buffa concurred. Commissioner Romero stated it was not fair to impose a burden on the residents. He believed the applicant needed to come up with a solution and demonstrate that the business would be a good neighbor. Commissioner Eastman stated the applicant should gettogether with the neighborhood. She suggested acontinuance and stated the applicant appeared to indicatea four week continuance would be acceptable. Commissioners Faesselstated he concurred with the Commissioner’s comments. He had visited Crestbrook Place and believed it was a wonderful neighborhood. He believed the impacts on the neighborhood have been ongoing and have had not been mitigated. He believed that a continuance was in order for the applicant to develop a plan to address the neighbor’s concerns. Commissioner Agarwal stated that Commissioner Eastman had offered a valuable suggestion. He saidthe applicant should also provide a solution to address how noise and air pollution associated with the business could be controlled. He stated concerns about cars leaking oil and the impact of the pollution on the neighborhood. Commissioner Eastman offered a motion, seconded by Commissioner Faessel, that this item be continuedfour weeks to the June 22, 2009 Planning Commission meeting. Mark Gordon, Assistant City Attorney,announced the motionpassed with six yes votes. Chairman Karaki and Commissioners Agarwal, Buffa, Eastman, Faessel and Romero voted yes. Commissioner Ramirez was absent. Following the vote on the motion, the Commission asked staff to send out notices regarding the June 22,2009 Planning Commission meeting. The Commission also discussed the potential of extending the continuance to six weeks, but did not take any action to change the meeting date. OPPOSITION: 5persons spoke in opposition to the subject request. DISCUSSION TIME :41minutes (5:01to 5:42) 05/27/09 Page 25of 26 City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ûèèûùôï÷îèîí éì øû úçéóî÷éé ìûêñ éì éì øû øû ûçèí ûçèí ê÷ìûóê ê÷ìûóê éì øû éì èô÷ùêíééóîõ øû ûìèé éïûððóîø øç öóêïé çîø÷êùíîéè éì øû éïûððóîø öóêïé éì øû æûùûîè éì ñûóé÷êôíéìóèûð éì øû çîø÷êùíîéèê éì øû éïûðð øû ìûùóöóù óîø éïûððóîø ù÷îè÷ê öóêïé öóêïé éì øû éïûðð éì óîø øû öóêïé éì éïûððóîø øû öóêïé éì ÷äè÷îø÷ø øû éèûã êùð   éì ûï÷êóùû øû ùçì    éïûðð ûçèíê÷ìûóê óîø èíåãûêø öóêïé û×ÊÓÛÐìÔÍÈÍ ûððìêíì÷êèó÷éåóèôóîèô÷ûðìôûîíêèô÷ûéèûê÷ûê÷ø÷æ÷ðíìï÷îèûê÷û ûÌÊÓÐ  òÇÎ×   ûìî     éÇÚÒ×ÙÈìÊÍÌ×ÊÈà ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ     îÍÊÈÔõÊÍÆ×éÈÊ××È   öê÷÷åûã û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ  òÇÎ×   ûìî     éÇÚÒ×ÙÈìÊÍÌ×ÊÈà ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ    îÍÊÈÔõÊÍÆ×éÈÊ××È  [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2009-063 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVINGA CLASS 1 CATEGORICAL EXEMPTIONAND APPROVINGCONDITIONAL USE PERMIT NO.2009-05406 (1011 NORTH GROVE STREET) WHEREAS, the AnaheimCityPlanning Commission did receive averified petition for aConditional Use Permit to allow a towing and impound yard in conjunction with automobile repair and outdoor and indoor vehicular storage on a property developed with a warehouse building,oncertain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; WHEREAS, theproperty proposed for the automotive repair and towing facility is currently developed with a10,718square foot warehouse buildinglocated in the SP 94-1, D.A. 4 (Northeast Area Specific Plan, Transit Core Area) zone and the property is designated as Mixed Use on the City of Anaheim General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onJune 22,2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit, does find and determine the following facts: 1.That automotive repair and towing/impound usesin the SP 94-1, D.A. 4 (Northeast Area Specific Plan, Transit Core Area) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.040.040.0402(Expansion of Change of Nonconforming Uses). 2.That the automotive repair and towing/impound useswould not adversely affect the adjoining industrial land uses and the growth and development of the area in which it is proposed to be located because all tow trucks, impounded vehicles, and repaired vehicles will be stored and staged on the property, subject to compliance with the conditions of approval contained herein. 3.That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safetyand general welfare of the public, subject to compliance with the conditions of approval contained herein.Code requires a total of 18 spaces for the automotive repair use proposed in the north portion of the warehouse building. A total of 50spaces areprovided on the subject property, -1-PC2009-063 including 14spaces provided on the north side of the building for customer and employee parkingand 4spaces on the southside of the building adjacent to Grove Street for employee parking,and an additional 32parking spaces are provided on the west side of the building and within the south side of the warehouse building for impound and tow truck storage. 4.That the traffic generated by the automotive repair and towing/impound uses would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area,subject to compliance with the conditions of approval contained herein. WHEREAS, the proposed project falls within the definition ofCategorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009-05406, subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of the proposed request only to the extent that itcomplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 22, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Zoning Provisions –General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. -2-PC2009-063 CHAIRMAN, ANAHEIMCITYPLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIMCITYPLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF ANAHEIM) I, Grace Medina, Senior Secretary of the AnaheimCityPlanning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 22, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: nd IN WITNESS WHEREOF, I have hereunto set my hand this 22day of June, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2009-063 -4-PC2009-063 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2009-05406 Responsible for No.Conditions of Approval Monitoring WITHIN 60 DAYS OF THE DATE OF THIS RESOLUTION 1Roof top address numbers shall be provided for the police Police helicopter. Numbers should face the street with a minimum size of 4 feet in height and two feet in width with a minimum 6 inch thickness and 12 to 18 inches apart, painted with contrasting colors to the roofing material. 2The applicant shall complete and implement the following Public Works, actions:Development Services Submit to Public Works and maintain onsite a Spill Prevention and Response Plan which addresses all items identified on page 5 of the CASQA Automotive Services BMP Handbook (found online at: www.cabmphandbooks.com). Train current staff on the implementation of the Plan and ensure future staff istrained within one month of hire. Plans shall be submitted showing a designated vehicle washing area. This “wash area” shall be physically bermed, grated or must otherwise physically prevent washwater from leaving the site or entering the storm drains. All washwater must drain to an oil/water separator before discharging to the sanitary sewer or the wash water shall be collected and recycled or properly disposed of to CASQA’s best management practices standards (see website). Containers and tanks shall only be stored on a concrete or other impermeablesurface, and should be under a covered area. All containers shall be labeled according to content and hazard characteristics and shall be monitored daily for leaks. Any leak shall be addressed immediately. Place “drip pans” under leaking vehicles and clean any leaked fluids that have reached the ground, using “dry” methods, within one day of occurrence. -5-PC2009-063 3Plans shall be submitted to the City Engineer for review Public Works, and approval showing how the gates conform to the Traffic current version of Engineering Standard Detail 475 and Engineering demonstratingthat the gates have not beeninstalled across the driveway in a manner which may adversely affect vehicular traffic on Grove Street. The property owner/developer shall make any changes to the gates required by the City Engineer within 60 days of the adoption of this resolution. 4The existing barbed wire fencing on top of the gates Code adjacent to Grove Street shall be removedor the gate shall Enforcement be designed to screen the barbed wire from view from Grove Street. 5A new gate shall be installed on the existing trash Public Works, enclosure in accordance with approved plans on file with Sanitation the Public Works Department. GENERAL 6Automotive repairs, modifications, body work, painting,Code or other automotive-related activities shall be limited to Enforcement only the service bays and shall not be conducted on any vehicles parked in required parking spaces inside the building or in designated parking/storage areas on the property. 7Portable shipping containers shall not be permitted on the Code property.Enforcement 8Vehicle parts, materials, or repair equipment shall be Code stored insidethe buildings only.Enforcement 9No vehicles shall be unloaded or loaded within any public Code right-of-way, nor shall any vehicles be parked or staged Enforcement on said streets. 10Storage of impounded vehicles and tow trucks shall be Code permitted in the outdoor storage yard, and the indoor Enforcement warehouse area, as designated on Exhibit No. 1. The storage of impounded vehicles or any other vehicles being stored on the property shall not occur within any required parking space. 11No required customer or employee parking areas shall be Code fenced or otherwise enclosed for outdoor storage uses.Enforcement -6-PC2009-063 12The property shall be permanently maintained in an Code orderly fashion through the provision of regular Enforcement landscaping maintenance, removal of trash or debris, and removal of graffiti within two business days from the time of discovery. 13Subject facility shall be subject to quarterly inspections by Code the City's Code EnforcementDivisionfor one year after Enforcement the date of this resolution, and as often as necessary thereafter as deemed necessary by the City's Code Enforcement Manager.The property owner shall pay the costs of said Code Enforcementinspections. 14If the automobile repair use is removed from the northerly Planning half of the building, the storage of impounded vehicles may beexpanded into this portion ofthe building provided, prior to commencement of this expansion,a revised site and floor plan issubmitted to the Planning Department for review and approval to ensure the number of required parking spaces are provided for this use and adequate circulation is provided on the site. 15A fence and gate shall be provided and maintained to Code separate the required customer and employee parking area Enforcement from the outdoor impound storage area, as designated on Exhibit No. 1. 16A physical separation shall be provided and maintained Code inside the building to separate the automotive repair area Enforcement from the indoor impound storage area, as designated on Exhibit No. 1. 17Subject property shall be developed substantially in Planning accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. -7-PC2009-063 ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì SITE PHOTOS CUP2009-05406 BITETTO TOWING 1011 NORTH GROVE ST. View of Grove St. looking south View of Grove St. looking south View of Grove St.–end of cul-de-sac View of Grove St. adjacent to freeway View of southerly driveway View of Grove St. View of easterly driveway View of Grove St. looking north View of auto repair area inside building View from Grove St.–east side View of tow yard storage –north side View of storage inside building View of storage inside building View fromGrove St.–south side View fromGrove St. –south side View fromGrove St. –west side City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ûèèûùôï÷îèîí êé êé êé øç÷ûùô øç÷ûùô øç÷ûùô êé øç÷ûùô êï êï èô÷æóððûõ÷ê ùûéûïûøêóø ûìûêèï÷îèé ûìûêèï÷îèé  øç øç ùõ êé øç÷ûùô êùð êùð ùõ ùçì   éçîñóéè ùçì  ìðûâû õûééèûèóíî ùíïïéôíìé À À  êï øç÷ûùô êé êï øç÷ûùô êï øç÷ûùô øç÷ûùô êé øç÷ûùô êï øç÷ûùô êé øç÷ûùô êï êï øç÷ûùô øç÷ûùôêé øç÷ûùô êé øç÷ûùô êï êï øç÷ûùô øç÷ûùô û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ  òÇÎ×   ûìî       éÇÚÒ×ÙÈìÊÍÌ×ÊÈà  ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ   ÷ÛÉÈúÛÐÐêÍÛØ  ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ  òÇÎ×   ûìî       éÇÚÒ×ÙÈìÊÍÌ×ÊÈà  ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ   ÷ÛÉÈúÛÐÐêÍÛØ  [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2009-064 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTIONAND APPROVING CONDITIONAL USE PERMIT NO.2009-05410 (2445 EAST BALL ROAD) WHEREAS, the AnaheimCityPlanning Commission did receive averified Petition for Conditional Use Permit to establishaconvenience marketin conjunction with an existing service station on certain real property situated in the City of Anaheim, County of Orange, State ofCalifornia, shown on Exhibit “A”, attachedhereto and incorporated herein by this reference; WHEREAS, theproperty is located in the General Commercial (C-G) zone and is designated for Medium Density Residential land uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onJune 22, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposedConditional Use Permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.Aconvenience market in the General Commercial (C-G) zoneis properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.08.030.010 (Markets -Small). 2.Aconvenience market in conjunction with aservice station would not adversely affect the surroundingcommercial, residential, and schoolland uses and the growth and development of the area in which it is proposed to be locatedbecause the property is currently improved withacommercial building andthe site will be improved with parking, landscaping, and a trash enclosure in compliance with Code requirements. 3.The size and shape of the siteis adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the publicbecausethe property is currently improved with acommercial building and 14parking spaceswill be provided. Code requires a total of 14spaces for the proposed use; therefore, the parking supply willmeet code requirements. 4.The traffic generated by thebusiness would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areabecausethe number of cars and trucks entering and exiting the site are consistent with typical commercialbusinesses that would be permitted as a matter of right within the General Commercialzone. -1-PC2009-064 5.The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition ofCategorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009-05410 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim.Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170of the Anaheim Municipal Code.Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that thispermitisapproved withoutlimitations on the duration of the use. Amendments, modifications and revocations of thispermit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) ofthe Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of the proposed request only to the extent that itcomplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of thisdiscretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofJune 22, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions -General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION -2-PC2009-064 ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF ANAHEIM) I, Grace Medina, Senior Secretary of the AnaheimCityPlanning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held onJune 22, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: nd IN WITNESS WHEREOF, I have hereunto set my hand this 22day ofJune, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2009-064 -4-PC2009-064 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2009-05410 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING GENERAL 1Trash storage areas shall be maintained in a location acceptable Planning, to the Public Works Department and in accordance with Public Works approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. PRIOR TO FINAL BUILDING AND ZOING INSPECTIONS 2Thethree public telephones located outside of the building onPlanning the west property line setback 20 feet from Ball Roadshall be Code removed. Enforcement 3The applicant shall monitor the area under their control in an Police effort to prevent the loitering of persons about the premises. 4Parking lots, driveway, circulation areas, aisles, passageways, Police recesses and ground contiguous to buildings, shall be maintained with lighting of a minimum one (1) foot candlepowerto illuminate andmake clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 5The business to be equipped with alarm system (silent or Police audible) 6A No trespassing 602(k) P.C sign shall be posted on the Police building. 7All exterior doors shall have their own light source, which shall Police adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building -5-PC2009-064 8Closed circuit television (CCTV) security cameras are Police recommended, with the following coverage areas: Entry and Exit to the store Cashier’s area If security cameras are not monitored, signs indicating so should be placed at each camera. CCTV monitor andrecorders should be secured in a separate locked compartment to prevent theft or, or tampering with, the tape. CCTV recording should be kept for a minimum of 30 days before being recorded over. CCTV videotapes should not be recorded over more than 10 items per tape. Use of digital recording equipment as an alternative to videotape is encouraged. 9On-going during project operation, no required parking areas Code shall be fenced or otherwise enclosed for outdoor storage uses.Enforcement 10The property shall be permanently maintained in an orderly Code fashion through the provision of regular landscaping Enforcement maintenance, removal of trash or debris, and removal of graffiti within two business days from the time of discovery. 11The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan), 2 (Elevations), 3 (Floor Plan)and 4 (Landscape Plan)and as conditioned herein. -6-PC2009-064 ÊÏÓÈùÍÎÉÈÊÇÙÈÓÍÎøÍÙÇÏ×ÎÈÉàûÊÙÔÓÈ×ÙÈÇÊÛÐàöÛÙ  ààÖÓ×ØÐ×ÊÌÊÍÒ×ÙÈàØÛÈÛàÌÊÍÒ×ÙÈÉà  àø×ÉÓÕÎà ì× øÍÙÇÏ×ÎÈÉàûÊÙÔÓÈ×ÙÈÇÊÛÐàöÛÙ  óàÌÊÍÒ×ÙÈÉà  àø×ÉÓÕÎà ì×ÊÏÓÈùÍÎÉÈÊÇÙÈÓÍÎ ÊÏÓÈùÍÎÉÈÊÇÙÈÓÍÎøÍÙÇÏ×ÎÈÉàûÊÙÔÓÈ×ÙÈÇÊÛÐàöÛÙ  ààÖÓ×ØÐ×ÊÌÊÍÒ×ÙÈàØÛÈÛàÌÊÍÒ×ÙÈÉà  àø×ÉÓÕÎà ì× City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ûèèûùôï÷îèîí éì øû ûõêóù éì øû íùéíùóûð é÷êæóù÷é éì ûõ÷îùã øû ìûêñóîõ éì øû éè÷êðóîõ úçéóî÷éé ùíïìð÷ä éì øû óîø öóêïé éì øû úçéóî÷éé ìûêñ éì éì øû øû êùð   úçéóî÷éé êùð   ìûêñ ùçì  æûê  éìî  ùûï÷ðíè éì õíðöðûîø øû úçéóî÷éé ìûêñ éì éì øû øû ê÷ùãùðóîõ éì ûçèíéûðæûõ÷ öûùóðóèã øû ãûêø ûçèí éûðæûõ÷ ãûêø û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ  òÇÎ×   ûìî     éÇÚÒ×ÙÈìÊÍÌ×ÊÈà  ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ  ÷ÛÉÈùÛÊÌ×ÎÈ×ÊûÆ×ÎÇ×  ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ  òÇÎ×   ûìî     éÇÚÒ×ÙÈìÊÍÌ×ÊÈà  ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ  ÷ÛÉÈùÛÊÌ×ÎÈ×ÊûÆ×ÎÇ×  [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2009-065 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1215 (TRACKING NO. CUP 2009-05423) (3200 EAST CARPENTER STREET) WHEREAS, on February 16, 1971, the Anaheim City Council adopted Resolution No. 71R-65 to approve Conditional Use Permit No. 1215 and permit a miniature golf course at 3200 East Carpenter Avenue; and that said resolution was subsequently amended in connection with Resolution Nos. 91R-17 and PC93-77 to approve revised plans, to increase the square footage of the club house and to amend the conditions of approval; and WHEREAS, the property is developed with a miniature golf course and an arcade/amusement center (Camelot Golfland) located in Development Area 3 (La Palma Core Area) of the Northeast Area Specific Plan (SP 94-1), the property is also located in the Merged Redevelopment Area and the Anaheim General Plan designates this property for Office-Low land uses; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 1215 (Tracking No. CUP2009-05423) to permit a day care facility in conjunction with the entertainment and miniature golf facility; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 22, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to the conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after dueinspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the proposed amendmentto Conditional Use Permit No. 1215to add a day care facility to the existing entertainment facilityis authorized by Anaheim Municipal Code Section 18.60.190.030(Major Amendments). 2.That the permit, as proposed for amendment, would not adversely affect the adjoining industrial land uses and the growth and development of the area in which it is proposed to be located because the property is currently improved with an entertainment facility and the building where the day care is proposed also exists. 3.That the size and shape of the siteis adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and -1-PC2009-065 general welfare of the public because the property is currently improved with anentertainment facilitywith no expansion of the existing clubhouse buildingproposed.The proposed outdoor play area would have limited visibility from public view and the fence would match existing fences on the property. 4.That the traffic generated by the permit, as proposed for amendment, would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area sincethe parking required by the day care facility is less than that of the restaurant seating area that it would replace. 5.That granting this amendment to the conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposed amendment to Conditional Use Permit No. 1215 (Tracking No. CUP2009-05423) and does hereby find that a Class 1 (Existing Facilities) Categorical Exemption is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with City Council Resolution Nos. 71R-65 and 91R-17 and Planning Commission Resolution Nos. PC93-77 and PC99-48, as adopted in connection with Conditional Use Permit No. 1215, as described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be anecessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim.Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development.Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on thehours of operation orduration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -2-PC2009-065 BE IT FURTHER RESOLVED thatapproval of this application constitutes approval of the proposed request only to the extent that itcomplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 22, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Zoning Provisions –General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commissionheld on June 22, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: nd IN WITNESS WHEREOF, I have hereunto set my hand this 22day of June, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2009-065 -4-PC2009-065 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 1215 (TRACKING NO. CUP2009-05423) Responsible for No.Conditions of ApprovalMonitoring DAY CARE, PRIOR TO COMMENCEMENT OF OPERATIONS AND ONGOING 1The easterly parking lot shall be designated as parking and Planning loading for the day care use during the hours that the day carecenteris in operation. 2The maximum permitted enrollment shall be eighty-five Planning (85). 3The outdoor play area shall be fenced with a wrought iron Planning fence that matches the existing fences along the front of the building. 4Temporary shade structures are not permitted within the Planning outdoor play area. Any shade structures must be permanent Building structures and appropriate permits must be obtained from the Building Division. 5Plans shall be submitted to the Building Division that satisfy Building the requirements of the Building Code for the appropriate occupancy of the proposed day care facility. GENERAL–WITHIN SIXTY (60) DAYS FROM THE DATE OF THIS RESOLUTION 6All property used for off-site parking shall be under Planning agreement approved as to form by the City Attorney. The City Attorney agreement shall be recorded in the Office of the County Recorder, and a recorded copy filed with the Planning Departmentand, further, shall specify the number and location of the off-site parking spaces and assure that the spaces shall be accessible and available at all times for parking in conjunction with the use for which the parking spaces are required. -5-PC2009-065 GENERAL–ONGOING DURING OPERATION 7Trash enclosures shall be provided and maintained in Public Works – accordance with approved plans on file with the Public Works Streets and Department, Streets and Sanitation Division. Sanitation 8Any lighting from the subject property shall be oriented in Planning such a way as not to interfere with traffic on the Riverside Caltrans Freeway. Any changes to lighting visible to the Riverside Freeway shall be subject to the approval of Caltrans. 9At least two uniformed security guards shall be present in the Police parking lot on Friday and Saturday nights in order to prevent parking lot loitering. 10That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 5of Exhibit Nos. 1 through 3and Exhibit Nos. 4 through 6 (Exhibits 4 through 6 are the Site Plan, First Floor and Second Floor pertaining to the day care facility). -6-PC2009-065 ßÌÌßÝØÓÛÒÌ ÒÑò í City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net